Got a Second DUI in San Diego, California?
When arrested in San Diego for a second DUI, you will need an aggressive and experienced 2nd DUI Attorney in San Diego or second DUI Lawyer to help keep you working, driving, and out of jail. Know that a 2nd DUI, 3rd DUI, or 4th DUI - Felony arrest is a very, very serious offense and depending on the circumstances of your arrest as well as the jurisdiction where you were arrested, you may be facing 48 hours and up to multiple years jail and/or prison time. With the right second DUI attorney in San Diego, you can stay out of jail and keep your license even while facing your 2nd San Diego DUI.
Is This Your Second DUI Arrest?
Consequences of a 2nd DUI Arrest in San Diego California
While your San Diego DUI arrest may have been embarrassing, your 2nd San Diego DUI arrest will be a life altering event. Depending where in San Diego County you were arrested, a second San Diego DUI can have all or some of the following Riverside DUI consequences:
- * 48 Hours up to 6 Months Jail time
- * 1-2 Years Driver License Suspension
- * Court Fines in Excess of $2,500.00 +
- * 18 Month Alcohol School
- * In Patient/Out-Patient Rehab
- * Community Service
- * 3-5 years Probation, Formal or Informal
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"But My Friend Didn't Get Any Jail Time for Their 2nd San Diego DUI Offense..."
The truth of the matter is that for your 2nd DUI arrest, the jurisdiction where your arrest occurred in as well as the circumstances surrounding your second DUI arrest will control whether or not you actual serve jail time.
For instance, an experienced DUI attorney may readily be able to negotiate a second DUI plea that would allow you to serve any jail time on House Arrest / Electronic Monitoring for a case heard out of one county, while a case with similar facts out of a different county will not be eligible to receive Electronic Monitoring in lieu of jail.
Further, alternative sentencing programs such as Electronic Monitoring, House Arrest, DUI Court, SCRAM, Work Furlough programs, etc, have strict enrollment requirements, making many individuals ineligible for such jail alternatives for a second DUI, third DUI, or fourth San Diego DUI arrest.
Finally, when new District Attorneys and judges are hired and/or moved, when new laws are passed, the possible sentencing alternatives change. Sometimes these changes help keep second San Diego DUI offenders out of jail while at other times, it makes the process even more difficult and frustrating. Only a DUI lawyer who focuses on multiple DUI offenders in San Diego will know the status of possible jail alternatives that are available.
To know whether or not the court in your jurisdiction allows jail alternatives, call 877-717-2889 to speak to an experienced San Diego DUI attorney who focuses on the defense of individuals with 2 or more Riverside DUI arrests.
For a 2nd DUI in San Diego, California
- The 10 Day DMV Deadline -
You have 10 calendar days from the date you were arrested to have your 2nd DUI lawyer in San Diego contact the DMV to request an Admin Per Se hearing to fight the 1-2 year DUI suspension of your drivers license. In the majority of cases, failure for your second DUI attorney in San Diego to contact DMV within 10 days of your arrest, will render your license suspended for up to 2 years.
If you have a commercial drivers license, a second DUI conviction will result in a lifetime commercial license disqualification. Act now to preserve your right to drive.
Does it Make a Difference That I am Still on Probation for My Prior San Diego DUI Conviction?
If you picked up a Second San Deigo DUI or a Third San Diego DUI while on probation for your prior DUI, you will not be eligible for a drivers license if you fail to contact DMV within 10 days of your 2nd DUI arrest, or lose your DMV hearing, or plead guilty to either a 23152 or 23153 (a) or (b) in court.
This includes no eligibility for a restricted license. Thereby, having your second DUI attorney contact DMV within 10 days of your 2nd San Diego DUI arrest and challenging the second San Diego DUI in court is key to for you to drive for the next year.
In addition to the harsher drivers license suspension period, the court where you violated your probation could order you to jail for an additional 6 months or more on top of the possible jail time you could receive from the court where your recent DUI arrest occurred.
The bottom line is, yes, being on probation for a prior DUI does change the seriousness and likely outcome of your current DUI case. For more helpful DUI information about what a specific judge might sentence you to for violating your prior DUI probation, call 877-717-2889 to speak to a qualified DUI defense attorney. DUI consultations are always free and informative.
Your DMV Hearing is the Most Important Tool To
Fight Your 2nd San Diego DUI
For most 2nd DUI cases in San Diego, your DMV hearing is the most important tool to help fight your Second DUI. The DMV hearing is administrative proceeding where your DUI Attorney can subpoena records, such as: the calibration and maintenance records of the breath test device you used, the patrol video and/or audio recording of your arrest, 911 and/or dispatch tapes, and even the arresting officer and/or witnesses.
Prior to the DMV hearing, all the evidence will be reviewed in order to ascertain any legal defenses available that may result in avoiding a 2nd San Diego DUI conviction.
"One or More Year Suspension?!
How Do I Drive to Work?"
For a Second DUI offense, you are looking at a 1-2 year suspension of your drivers license. For all individuals arrested after July 1, 2010, your attorney, if educated in DUI & DMV law, may be able to fight and obtain a restricted license that will allow you to drive to work after a mandatory suspension period.
Unlike your First DUI arrest, this restricted license is not automatically granted. In order to be eligible, you'll need a DUI lawyer well versed in DUI/DMV law as it pertains to second or third DUI arrests. Merely pleading Guilty to 23152 (a) and (b) for a 2nd or 3rd DUI, will render your license suspended without the possibility of obtaining a restricted license.
